Implementation Measures For The Relatively Centralized Administrative Punishment In Management Of Benxi City, Liaoning Province

Original Language Title: 本溪市城市管理相对集中行政处罚实施办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(Released October 10, 2002, people's Government of the 96th District, Benxi City) Chapter I General provisions article to strengthen urban management, standardized relative-centralized administrative punishment, according to the People's Republic of China on administrative punishment law and relevant regulations of the State, combining city actual, formulate measures for its implementation.
    Article II the implementation measures shall apply to the city's urban area (including the Benxi City economic and technological development zone).
    Third article this implementation approach by said city management relative concentrated administrative punishment is refers to: (a) on violation city city, and sanitation, and planning, and green and municipal facilities, management of behavior exercise all administrative punishment right; (ii) on violation business administration occupation road of no as vendors exercise administrative punishment right; (three) on violation police traffic management of occupation road behavior exercise administrative punishment right.
    Fourth municipal and district comprehensive urban management enforcement Bureau is municipal and district people's Government the establishment of centralized exercise of administrative authority of administrative penalty.
    City and district of comprehensive urban management enforcement agencies responsibilities defined by the municipal people's Government.
    Municipal and district comprehensive urban management enforcement authorities may delegate relevant organizations to implement administrative punishments.
    Fifth planning, construction, industry and commerce, public security departments concerned should be according to the responsibility to co-ordinate the law enforcement organs to work relatively centralized administrative punishment in urban management.
    Article sixth relatively centralized administrative punishment in urban management under unified leadership, hierarchical management, bar a combination of principles.
    Seventh chapter the city management in urban road sides and public spaces of buildings and structures built without authorization, shall be ordered to stop illegal activities, dismantle, fails to dismantle, according to law to be torn down, and a fine of 100 Yuan more than 1000 Yuan fine.
    Eighth on the road in the city on both sides of the building, structure, unauthorized external façade decoration, engaged in business activities, rectification, restitution, and decorated façade area can impose a fine of 200 yuan per square meter.
    Nineth unauthorized entities around the walls of buildings in the main street, ordered dismantled, and a fine of 50 Yuan more than 1000 Yuan fine.
    Article tenth by the city authorities identified does not meet the criteria of urban appearance of buildings or facilities that are ordered to revamp or dismantle, fails to reform or is not removed, torn down according to law. 11th article violation city management, has following behavior one of of, ordered deadline corrected, and Visual plot weight sentenced fine: (a) without commercial administration sector audit, and municipal government approved, unauthorized opened market of, on opened units sentenced 1000 Yuan above 10000 Yuan following fine; (ii) unauthorized occupied city road opened country market, and stall presence of, sentenced 100 Yuan above 1000 Yuan following fine; (three) occupied city road opened of country market, not by provides of locations, and range, and
    Time business of, on opened units sentenced 500 Yuan above 2000 Yuan following fine; (four) by approved occupied road of stalls free change business locations, and expanded accounted for to area of, sentenced 20 Yuan fine; (five) in city road sides open slaughter poultry class of, each only sentenced 20 Yuan fine; open slaughter beasts of, each head sentenced 50 Yuan above 100 Yuan following fine; (six) unauthorized in city road sides open barbecue food of, on operators sentenced 50 Yuan fine; (Seven) in city road sides of business places outside hawking commodity or engaged in processing making, production business activities of, on operators sentenced 100 Yuan above 1000 Yuan following fine; (eight) in City Road Shang for business sex maintenance vehicles of, sentenced 100 Yuan above 1000 Yuan following fine; (nine) unauthorized in city road sides and public site stacked items of, daily each square meters sentenced 50 Yuan fine; (10) in Street buildings outside wall hanging hinder city unsightly of items, in roof take shed set frame, and Stacked debris of, sentenced 50 Yuan above 1000 Yuan following fine; (11) construction and demolition site not set surrounding block or not by provides set surrounding block of, by should set surrounding block of area each square meters sentenced 5 Yuan fine; (12) construction site not set logo, material, and machines stacked not neatly, muck not timely removal, shutdown site not timely finishing and do necessary of cover, completed Hou not timely cleanup and flat site of, sentenced 20 Yuan above 1000 Yuan following fine; (13) Street buildings, and structures, and square , And green and the other public site, at of decorative sex lights facilities incomplete or damaged, property units or business units not timely repair of, sentenced 20 Yuan above 1000 Yuan following fine; (14) without city, and district city city administrative competent sector review agreed, unauthorized set outdoor advertising of, ordered deadline demolition, and according to advertising cost value sentenced 500 Yuan above 10000 Yuan following of fine; deadline within refused to demolition of, by sibling Government approved Hou, be forced demolition, demolition costs by set who bear ; (15) unauthorized change approved locations, and form, and specifications set outdoor advertising of, ordered deadline corrected, and sentenced 100 Yuan above 1000 Yuan following of fine; (16) in specified of public ads yiwai posted, and distributed print and the graffiti various advertising of, ordered immediately clear, and sentenced each at 50 Yuan fine; (17) by approved set of outdoor advertising old, and dirty, and corrosion, and damaged, and deformation or effect city city looks of, ordered deadline repair or update; late not repair or update of, Sentenced each at 200 Yuan above 1000 Yuan following fine, and be demolition, demolition costs by set who bear; (18) without approved unauthorized change outdoor advertising set who of, deadline replacement approval procedures, and according to advertising cost value sentenced 500 Yuan above 5000 Yuan following fine; (19) outdoor advertising set expires not handle extension using procedures or outdoor advertising facilities idle over provides term of, ordered deadline corrected, and can sentenced 100 Yuan above 1000 Yuan following fine, late not corrected of,
    Be forced demolition, demolition costs by set who bear; (20) unauthorized occupied, and demolition, and cover, and damaged law set of outdoor advertising facilities and public ads of, give warning, ordered recovery undisturbed, and compensation loss, and sentenced 200 Yuan above 1000 Yuan following fine; (21) unauthorized in city buildings, and structures, and facilities and trees Shang graffiti, and description and posted slogans, and advertising of, each at sentenced 50 Yuan fine; (22) unauthorized in street hanging slogans, publicity items or over hanging term not removed of, sentenced 200 Yuan fine; (23) unauthorized in people line Flyover, and overpass, and main street sides, and traffic junction distributed business sex publicity items of, sentenced 100 Yuan above 1000 Yuan following fine; (24) unauthorized occupied City Road set waiting Pavilion, and booth, and books Pavilion, and booth, and parking of, sentenced 100 Yuan above 1000 Yuan following fine; (25) unauthorized set signs, and read baolan, and
    Tender bar, and refers to signs, and window, and neon, and electronic display, facilities or damaged not timely renovation of, sentenced 100 Yuan above 1000 Yuan following fine; (26) unauthorized set sculpture or sculpture products damaged, and pollution, its property units or management units not timely dressing, and clean of, sentenced 20 Yuan above 1000 Yuan following fine; (27) unauthorized set waste acquisition points or waste acquisition site effect city, and pollution around environment of, sentenced 100 Yuan above 1000 Yuan following fine.
    Third chapter city sanitation management 12th article violation city sanitation management provides, has following behavior one of of, ordered corrected or clear, and Visual plot weight sentenced fine: (a) anywhere spit, and soil, and mess threw Peel nuclear, and confetti, and cigarette butts and other debris of, each sentenced 2 Yuan fine; (ii) from indoor and the various vehicles Shang dispersal waste of, sentenced 10 Yuan above 30 yuan following fine; (three) mess trash, and stool, mess poured, and mess sewage water of, sentenced 10 Yuan above 100 Yuan following fine; (Four) in City Road, and streets, and Park, and square, and space, open places burning garbage, items of, sentenced 10 Yuan above 50 Yuan following fine; (five) to toilets within dumping garbage, and sewage, and waste of, sentenced 30 yuan above 500 Yuan following fine; (six) management units on old, and damaged of sanitation facilities not timely repair or update of, sentenced 20 Yuan above 1000 Yuan following fine; (seven) in Street road construction or tree planting, and trim branches, and planted flowers, and Clear cut water sludge can't wait Shi removal of, sentenced daily each square meters 5 Yuan fine; (eight) toilets and community of manure pool stool full spill, management units not timely clear of, daily sentenced 50 Yuan above 100 Yuan following fine; (nine) in city road transport soil, and sand, and life garbage, easy fly real and liquid of motor vehicle not take cover, and sealed measures or measures poor caused flying, and left sub of, each train sentenced 50 Yuan above 500 Yuan following fine; (10) motor vehicle with mud road, caused road pollution,
    Each train sentenced 50 Yuan above 500 Yuan following fine; (11) not perform health responsibility district cleaning cleaning obligations or not reached job standard of, sentenced 50 Yuan above 1000 Yuan following fine; (12) market, and assessment district, and stalls, business site health not clean of, on business management units or operators sentenced 20 Yuan above 300 yuan following fine; (13) in garbage barrels, and garbage collection points within picked up garbage, in sewage well within salvage Sou more than of, sentenced 20 Yuan above 1000 Yuan following fine;
    (14) damaged various environment health facilities and subsidiary facilities of, except ordered recovery undisturbed or compensation loss outside, and sentenced 100 Yuan above 300 yuan following fine; (15) in city within without approved unauthorized feeding poultry, and livestock of, on personal sentenced 100 Yuan above 500 Yuan following fine, on units sentenced 200 Yuan above 1000 Yuan following fine; (16) by approved into city of animal car vehicle appearance not clean, livestock manure landing of, sentenced 50 Yuan above 500 Yuan following fine; (17) building construction units, and street units or personal refused to signed sanitation responsibility or not by responsibility provides do city sanitation work of, on personal sentenced 50 Yuan above 200 Yuan following fine, on units sentenced 200 Yuan above 1000 Yuan following fine; (18) for construction hamper garbage, and stool normal removal, construction units in deadline within not clear of, daily sentenced 300 yuan above 500 Yuan following fine;

    (19) units emissions non-toxic harmful garbage not handle emissions license or not by specified locations emissions of, each train sentenced 300 yuan above 500 Yuan following fine; (20) without approved unauthorized demolition, and occupied environment health facilities or not by approved of demolition programme demolition of, sentenced 500 Yuan above 1000 Yuan following fine; (21) hospital, and nursing home, and slaughter factory, and biological products factory, and chemical products factory, and pharmaceutical factory, produced of waste, not by provides for harmless of processing, and mess row mess unloading of,
    Impose a penalty of 500 Yuan more than 5000 Yuan. 13th article violation city building garbage management provides, has following behavior one of of, ordered corrected or clear, and sentenced fine: (a) demolition units or management units not by provides timely clear building garbage of, sentenced 200 Yuan fine; (ii) not by provides of time, and locations, and way stacked building garbage of, by daily each tons sentenced responsibility units 50 Yuan above 100 Yuan following fine, sentenced responsibility people 30 yuan above 50 Yuan following fine; (three) will building garbage dumping in life garbage collection points of,
    Daily responsibility for 50 Yuan per ton more than 200 fine and (iv) unauthorized dumping of construction waste, responsibility unit of 1000 Yuan per ton per day penalty, impose responsibility for 200 Yuan fines. 14th article violation city life garbage and the bagged management provides, has following behavior one of of, ordered corrected or clear, and sentenced fine: (a) in provides collection, and transport bagged garbage time within, effect and hamper garbage removal of, sentenced 50 Yuan above 300 yuan following fine; (ii) sanitation professional units not by provides timely removal garbage, caused stacked of, sentenced 200 Yuan above 1000 Yuan following fine; (three) to garbage bags within dumping sewage, and manure urine, and glass, and slag wood, non-life garbage of, Sentenced responsibility units 300 yuan above 500 Yuan following fine, sentenced responsibility people 50 Yuan fine; (four) will toxic harmful material mix life garbage of, sentenced 300 yuan above 500 Yuan following fine; (five) not by provides of time, and locations and way collection, and dumping garbage of, sentenced responsibility units 500 Yuan fine, sentenced responsibility people 50 Yuan fine; (six) units unauthorized in life garbage bagged collection points dumping garbage of, sentenced 500 Yuan fine; (seven) without approved unauthorized demolition, and
    Closure of bagged refuse storage and transportation facilities, and impose a responsibility unit 1000 Yuan fine, responsible for 20 Yuan and 200 Yuan fines; (VIII) fails to pay the garbage collection, transportation units and personal service charges and handling fees, fees to be charged 1 time to 3 times times the fine.
    15th article violation city except shipped snow provides, has following behavior one of of, ordered corrected, on late not corrected of sentenced fine: (a) received replaced clear fee Hou not by provides time and standard clear snow of, sentenced 300 yuan above 500 Yuan following fine; (ii) not by requirements signed except shipped snow responsibility of units and individual industry households, sentenced units 500 Yuan above 1000 Yuan following fine, sentenced responsibility people 200 Yuan fine, and individual industry households 300 yuan fine;
    (C) for failure to comply in addition to transport snow duty and individual businesses, should be the responsibility of the snow area, snow day impose a fine of 10 yuan per square meter per game; (d) the snow quality is below the required standards, does not meet the standard imposed fine of 5 Yuan per square meter.
    Fourth chapter 16th city planning management urban planning administrative departments should be strict execution of the day-to-day supervision of urban planning, to find violations of the planning and construction of, relevant evidence, the transfer of comprehensive urban management enforcement agencies.
    17th article in city planning district within not made construction with to planning license or temporary construction with to planning license, and made construction with to approved file occupied land of, its approved file invalid, occupied of land by City Government ordered recovered; occupied land and for construction of, ordered stop construction, deadline free demolition or confiscated by built buildings, and structures and the other facilities.
    18th article in implementation city planning in the met has following case one of of, according to, Benxi City, city planning Management Ordinance of provides revoked its construction with to planning license or temporary construction with to planning license: (a) city planning district within using state-owned land of units or personal, without city planning administrative competent sector agreed, change land right transfer contract provides of land uses of; (ii) temporary with to late not returned, or in approved using term within for city construction need returned and refused to implementation of;
    (C) is not in accordance with the planning permit for construction purposes or the temporary provisions of the planning permit of construction land use the land. 19th article in city planning district within, not made construction engineering planning license or temporary construction engineering planning license for construction of, ordered stop construction, and by following provides be punishment: (a) serious effect city planning of, ordered deadline demolition or confiscated illegal buildings, and structures or other facilities, late not demolition of, law be forced demolition; (ii) effect city planning, can take corrected measures of, ordered deadline corrected,
    And construction units or individuals warrant illegal part of engineering cost 50-100% fine; illegal construction works for construction unit to take charge 1 time to twice times a fine project illegal for design design charge 1 time fine times to 5 times.
    20th temporary building fails to dismantle or during the term of use for urban planning and development need to be removed and refused to dismantle, ordered dismantled, and an area of daily fine of up to 1 Yuan per square meter, fails to remove the double fine, approved by the city or district people's Government according to law to be torn down. Article 21st altering the topography, geomorphology hinder urban planning implementation, wreck the city's appearance city appearance, apart from outside shall be ordered to immediately stop and restored to its original condition, punishable by fines total project cost 10% to 50%.
    On the non-implementation of the decision, approved by the city and district governments, law enforcement, the enforcement costs borne by those responsible for the illegal.
    22nd construction project has failed to meet the planning requirements, ordered to complete, and units and individuals sentenced to above does not meet the requirements section of the planning and design of construction cost of twice times the fine.
    Within 6 months of the construction units in engineering acceptance of failing to submit files of urban construction archives information, ordered to submit, and a fee for completing the profile drawings twice times the fine.
    23rd building was completed after use, unauthorized building, men Dou, or change the shape of buildings shall be ordered to stop illegal activities, dismantle, fails to dismantle, to be torn down.
    Fifth chapter City Green management 24th article in City Green within, has following behavior one of of, ordered stop violations, and sentenced 20 Yuan above 200 Yuan following fine: (a) dumping garbage, spilled sewage of; (ii) according to tree take shed, surrounding tree building, in trees Shang nail hanging items of; (three) pick trees, pouted branch picked spent, grilled stripping bark, trampling lawn, cut grass firewood of; (four) farming grazing of; (five) damaged green and the Green facilities of other behavior.
    25th article in City Green within, has following behavior one of of, ordered stop violations, compensation loss, and sentenced fine: (a) wasteland farm, digging take sand, mining quarrying, buried graves made Tomb of, sentenced 1000 Yuan following fine; (ii) unauthorized cut, and transplant, and trim trees or damaged green facilities of, sentenced compensation fee 1 to 3 times times fine; (three) green management units for management poor, caused flowers trees death or green facilities damaged of, sentenced 1000 Yuan above 3000 Yuan following fine;
    (D) unauthorized transfer valuable and old trees or management unit due to poor maintenance and management, resulting in injury or death of ancient and famous trees, fined a maximum of 10000 Yuan more than 50000 Yuan (v) deforestation of ancient and famous trees, fined a maximum of 50000 Yuan more than 100000.
    Article 26th secondary occupation of urban green space, ordered to vacate, restore and compensate for the damage, fails to move out, be forced to move out, and covers an area of fine of up to 200 yuan per square meter.
    Approved a temporary occupation of urban green space of more than occupied, by occupying green penalties. Sixth chapter municipal facilities management 27th article has following damage road facilities or effect road facilities using function behavior one of of, ordered stop violations, compensation loss, and Visual plot weight sentenced fine: (a) in road Shang emissions residue waste, and scour vehicles of, sentenced 200 Yuan following fine; (ii) unauthorized occupied or mining city road of, sentenced 1000 Yuan following fine; (three) for emergency repair underground pipeline in 24 hours within not timely replacement mining approval procedures of, Sentenced 1000 Yuan following fine; (four) not according to approved of location, and area, and term occupied or mining City Road, or need mobile location, and expanded area, and extended time not ahead of handle change procedures of, sentenced 1000 Yuan following fine; (five) by approved mining of road, construction units not regular repair road of, sentenced 1000 Yuan following fine; (six) unauthorized in road Shang set various check well of, sentenced 1000 Yuan following fine; (seven) unauthorized change temporary occupied road using nature, and
    Expanded using range and rental transfer right of, sentenced 1000 Yuan following fine; (eight) vehicles laden drag scraping road, motor vehicle in non-specified sections Shang try brake of, sentenced 2000 Yuan following fine; (nine) not in city road construction site set obviously logo or security facilities of, sentenced 2000 Yuan following fine; (10) not on set in City Road Shang various pipeline of check well, and box cover or City Road subsidiary facilities defect timely filling or repair of, sentenced 2000 Yuan following fine. 28th article has following damage bridge, and drainage, and lighting facilities or effect bridge, and drainage, and lighting facilities using function behavior one of of, ordered stop against, not caused facilities damaged but refused to stop against behavior of, can sentenced 2000 Yuan following fine; caused facilities damaged of, except ordered compensation loss outside, can sentenced compensation fee 1 time times to 5 times times fine: (a) occupied bridge facilities; (ii) in bridge facilities management range within blasting, and quarrying, and take soil; (three) built effect bridge facilities normal using and maintenance of buildings And structures;

    (Four) in bridge Shang device assessment Pavilion, and stacked material, and dumping garbage and other waste; (five) using bridge facilities for traction, and lifting; (six) in bridge Shang try brake, Park vehicles; (seven) to drainage facilities within dumping, and emissions garbage, and residual soil, and snow and not meet emissions standard of sewage and the other harmful material; (eight) in drainage pipeline above or in drainage facilities management range within stacked material or built buildings, and structures; (nine) jam drain Canal, and stopped Canal, and built dam, and barricades resistance water, and installation pump take water
    ; (10) unauthorized in drainage facilities Shang received set pipeline, and mining drainage facilities; (11) using lighting facilities engaged in traction job; (12) in lighting facilities of underground cable, and pipeline above mining, and stacked material or for building; (13) attached lighting facilities built buildings or structures; (14) damage lighting facilities; (15) unauthorized in lighting facilities SISU received power, and set advertising, and erection electrical equipment.
    29th article violation Center urban public parking management provides, has following behavior one of of, by city integrated law enforcement sector ordered corrected, give warning, and can sentenced fine: (a) unauthorized stop using public parking of, sentenced 500 Yuan above 2000 Yuan following fine; (ii) unauthorized change public parking using nature or increased, and reduced area of, each square meters sentenced 20 Yuan fine; (three) unauthorized opened public parking of, sentenced 1000 Yuan above 3000 Yuan following fine;
    (Four) unauthorized occupied City Road and public square set parking of, except ordered to city municipal facilities management institutions double fill make accounted for road fee outside, and sentenced 500 Yuan above 2000 Yuan following fine; (five) unauthorized will internal parking to social open business of, sentenced 500 Yuan above 1000 Yuan following fine; (six) public parking operators not by provides on Park parking of motor vehicle car for identification, and registration and issued city unified of parking voucher of, sentenced 200 Yuan above 500 Yuan following fine;
    (Seven) public parking operators violation provides allowed with flammable, and easy burst, and toxic harmful, dangerous items of vehicles into parking Park of, sentenced 1000 Yuan above 3000 Yuan following fine; (eight) public parking operators violation, Benxi City, Center urban public parking management approach 14th article subsection (ii) items, and subsection (three) items, and subsection (six) items provides of, sentenced 1000 Yuan above 3000 Yuan following fine.
    The seventh chapter of industry and commerce, public security traffic management article 30th engaged in business activities without license in the street the way shall be ordered to stop operations, fined 20 Yuan and 50 Yuan fine.
    31st in violation of traffic regulations, without driving on the sidewalk or parked vehicle, punishable by a fine of 200 Yuan and locking the wheel or to a designated location for safekeeping.
    The eighth chapter other articles 32nd comprehensive urban management enforcement officer in the execution of their duties, shall be uniform, produce their documents, in accordance with the People's Republic of China administrative penalty procedure under the law enforcement.
    Article 33rd comprehensive urban management enforcement agencies investigate and deal with illegal cases, appraisal or valuation techniques needs to be done, should be drawn to the relevant administrative departments or professional accreditation bodies appraisal or valuation.
    34th article city management integrated law enforcement personnel implementation corporate Shi, can exercise following right: (a) into was check units or site for survey or in accordance with legal, and regulations of provides for check; (ii) check out, and access or copy and punishment case about of information; (three) law used recording, and recorded (photo) like, means, made about evidence material; (four) law on violations by involved of items, and documents, related evidence for registration save and processing; (five) legal, and regulations, and regulations provides of other terms. 35th article city management integrated law enforcement organ implementation administrative forced measures Shi, should comply with following provides: (a) registration save of items, should making listing, stated property of name, and type, and specifications, and number and intact degree,, by law enforcement personnel and party signature or sealed, listing by implementation units and party the practice a copies; (ii) registration save items should specified hand properly custody, custody fee by party paid; (three) illegal buildings, and structures should forced demolition of, must to party served deadline demolition notice , Fails to dismantle, according to law to be torn down.
    Forced demolition of the illegal party's expense, the party refused to take, apply to a people's Court for compulsory execution, charged by the financial sector under special circumstances.
    Article 36th centralized exercise of administrative punishment right as provided herein, the related administrative departments shall not exercise continued to exercise, make a decision of administrative penalty shall be invalid.
    Related administrative departments found in the management acts in violation of these rules, shall be transferred to the comprehensive urban management enforcement authorities; comprehensive urban management enforcement cases of illegal transfer of organs of the relevant administrative departments should be promptly informed of the results related to administration.
    37th collection of comprehensive urban management enforcement authority in accordance with this Regulation shall be ordered compensation payments should be all of the special account established by the financial departments of the surrender, and returned to the relevant Department measures are formulated by the financial sector.
    38th a party refuses to accept the decision on administrative penalty may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    39th to insult, assault, obstruction of comprehensive urban management enforcement personnel performing official business according to law, the public security organs in accordance with the People's Republic of China regulations on administrative penalties for public security shall be penalized constitutes a crime, criminal responsibility shall be investigated according to law.
    40th dereliction of duty, abuse of authority or engages in comprehensive urban management enforcement personnel, administrative sanctions by their work units or by the competent departments constitutes a crime, criminal responsibility shall be investigated according to law.
                                            Nineth chapter supplementary articles article 41st this way since October 15, 2002.